Morgan v Shardlan Pty Ltd as Trustee for the Stumar Family Trust t/as Carpet One and Blinds Wagga Wagga [2018] NSWCATAP 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Morgan v Shardlan Pty Ltd as Trustee for the Stumar Family Trust t/as Carpet One and Blinds Wagga Wagga [2018] NSWCATAP 143 Hearing dates: 31 May 2018 Date of orders: 06 June 2018 Decision date: 06 June 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J McAteer, Senior Member Decision: 1. The appeal is allowed and the order made on 13 December 2017 is set aside.

2. The proceedings are remitted for rehearing by a differently constituted Tribunal.

3. The Appeal Panel makes the following directions in the remitted proceedings:

(a) On or before 30 June 2018, the applicants (Morgans) are to file and serve all evidence in support of their claim, including all documents relied on and statutory declarations or witness statements from all witnesses;

(b) on or before 14 July 2018, the respondent (Shardlan) is to file and serve all evidence in response to the claim, including all documents relied on and statutory declarations or witness statements from all witnesses;

(c) the documents required by each party pursuant to orders (a) and (b) are to be placed in a folder, which is to be indexed and paginated and placed in a logical order;

(d) a party must ensure all of their witnesses attend the hearing for the purpose of cross examination unless the other party has advise them and the Tribunal in writing that the particular witness is not required;

(e) in the event a party fails to comply with these directions, they may not rely on any documents or witness statements served late without leave of the Tribunal, which leave will only be granted in exceptional circumstances;